The Supreme Court recently upheld the dismissal of an Indo-Tibetan Border Police (ITBP) constable who was accused of looting a cash box he was appointed to protect. The apex court termed the act as a serious breach of duty, and reinforced the principle that there is zero tolerance for misconduct in disciplined forces.
A bench of Justices Surya Kant and N Kotiswar Singh said, “All members of the force must keep in mind that there is zero tolerance for such brazen misconduct, where the custodian of the cash box became its robber.” The case arose out of a challenge filed by the Union of India against a decision of the Uttarakhand High Court, which had asked the authorities to reconsider whether the constable's dismissal could be substituted by a lesser punishment.
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The respondent, who had joined the ITBP in 1990, was found guilty of robbing a cash box containing a large sum of cash while on sentry duty on the night of July 4-5, 2005. After an FIR was lodged, a Court of Inquiry confirmed his involvement, and he also confessed to the crime. A Summary Force Court dismissed him from service on November 14, 2005. His departmental appeal was also dismissed, prompting him to approach the High Court.
A single bench of the High Court acknowledged the misconduct, but held that the punishment of dismissal did not follow the principle of proportionality. It noted that the respondent had shown remorse and cooperated with the disciplinary process. The Court directed the authorities to reconsider the punishment.
However, the Supreme Court overturned the High Court's decision.
"The respondent was duty bound to perform his duties and safeguard the cash box with utmost dedication, honesty, commitment and discipline… He broke the cash box… looted the cash amount which he was appointed to safeguard," the court said.
The court emphasised that the respondent's misconduct involved moral turpitude and such acts seriously undermine the integrity of the disciplined forces.
Further, it was highlighted that the constable had committed minor misconduct on eight occasions earlier, which also played a role in the final verdict.
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"This duty becomes more onerous, particularly in paramilitary forces where discipline, morality, loyalty, devotion to service and reliability are essential to the job," the court said.
Case Title: UNION OF INDIA v. NO. 900224364 CONST/G.D. JAGESHWAR SINGH, C.A. No. 7029/2025
